In Summary

• Death sentence was justified, Justice Grace Nzioka made no error in law.
• Circumstantial evidence adduced placed Jowie at the center of the murder crime.

The slapping of murder convict Joseph Irungu alias Jowie with a death sentence was justified and Justice Grace Nzioka made no error in law. This is according to criminal lawyer Shadrack Wambui.

In an exclusive interview with Ghetto Radio News Wambui says the earlier ruling by the Supreme Court in Muruatetu case gave the judge’s discretion to either pass death sentence as per Penal Code Sec 204 or life sentence.

“The Supreme Court judgment declared that section unconstitutional because it goes against human dignity, right to life and fair trial under Article 28, 26, 25 respectively. It stated that the mandatory nature of that section is also against court discretion to issue an independent ruling based on circumstance.’’ Wambui said.

The Motive Question

The learned counsel was also in agreement with Nzioka ruling saying that the honorable judge examined and based her reasoning on evidenced adduced that implicated Jowie in planning and execution of the murder.

He further clarified that the circumstantial evidence adduced clearly placed Jowie at the center of the murder therefore answering the question of the motive that is in the public domain.

“Before passing judgment on murder there are key elements that you must consider whether the accused plotted the killing and whether he or she went ahead and executed the said hatched plot. From the evidence that was presented in court by the prosecution side it clearly places Jowie at the center of almost everything. So, no doubt that he was involved… remember he was traced in the residence of the deceased, he also tried to conceal his actions by shooting himself.” He added.

Judgment

In her ruling, Nzioka averred that Ms Kimani’s horrific murder was “intentional.” And that he inflicted grievous harm using a dangerous weapon.

“It was not a defensive act. It was not out of provocation. It was planned, intended and executed,’’ Nzioka Ruled.